To avoid excessive concentration of population, prevent overcrowding of land and congestion in streets, minimize adverse effects on surrounding development, assure the safety of inhabitants and residents in the vicinity and to provide the amenities essential to a residential environment, the following minimum standards for apartment development are established. Recognizing that there may be certain locations where services, access, topography, amenities and design of the site can accommodate higher densities than permitted, inherently special standards and requirement of Board of Appeals approval for higher densities are also established in addition to minimum standards.

(Prior code § 150-210)

(Ord. No. 2769, § 1, 2-13-2023)

All apartment project developments shall require a comprehensive development plan as defined in Section 17.04.120, which shall be submitted and reviewed in accordance with chapter 17.180.

(Prior code § 150-211)

Land area used to compute density for apartment development shall not include public streets needed to serve the development.

A.

Density for apartment development, except for the housing of the elderly and handicapped shall be as follows:

B.

Housing of Elderly and Handicapped.

1.

Density for apartment development for the housing of the elderly and handicapped shall be as follows:

2.

For the purpose of density, elderly and handicapped housing shall include only residential units:

a.

Are operated as housing for older persons in accordance with and satisfying the terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. section 3607, including those requiring at least one permanent occupant of eighty (80) percent of the occupied units to be at least fifty-five (55) years of age; provided, however, that the units are subject to recorded covenants that expressly restrict occupancy of the units in accordance with the Federal Fair Housing Act, as amended, and any additional requirements under Maryland Law;

b.

Occupancy by a handicapped person under fifty-five (55) years of age who is determined to have physical impairments which:

i.

Are expected to be of long-continued and indefinite duration,

ii.

Substantially impede the ability to live independently, and

iii.

Are of such a nature that the ability to live independently could be improved by more suitable housing conditions;

c.

Handicapped persons under fifty-five (55) if determined to have physical impairments which:

i.

Are expected to be of long-continued and indefinite duration,

ii.

Substantially impede the ability to live independently, and

iii.

Are of such a nature that the ability to live independently could be improved by more suitable housing conditions.

C.

Apartment units, buildings or projects in a nonresidential district shall comply with the following land requirements:

1.

Office and Service Highway Districts. Apartment units are permitted above the first floor, provided that:

a.

The lot has a minimum land area of ten thousand (10,000) square feet;

b.

The required parking area is provided for the business use on the first floor;

c.

The number of units per lot shall be based upon the lot containing additional land area of three hundred (300) square feet for each efficiency unit and six hundred (600) square feet for each unit having one or more bedrooms.

2.

Reserved.

3.

Light Business and Institutional District. Apartment buildings and projects shall be at density requirements for R-5A.

4.

College and University District. Apartment buildings and projects shall be at density requirements for R-5A.

5.

Hospital District. Apartment buildings and projects shall be at density requirements for R-5A.

6.

Neighborhood Business District. Apartment buildings and projects shall be at density requirements for R-5A.

7.

General Commercial District. Apartment buildings and projects shall be at density requirements for R-5A.

D.

Additional Density Permitted for Provision of Day-Care Center Within an Apartment Project.

1.

Whenever a group day-care center is provided within an apartment project, two additional units may be added to the total density permitted for the project. The location and design of the group day-care center shall be approved as part of the required comprehensive development plan for the apartment project and shall not require ordinance permit approval.

(Ord. 2032, 2007; Ord. 2009 (part), 2006: Ord. 1752 § 4, 2000; prior code § 150-212)

(Ord. No. 2393, § I, 8-8-2016)

A.

In all districts where apartment development is permitted, the Board of Appeals may approve an increase in height or density up to a maximum of thirty (30) units per acre after consideration of the following criteria in addition to satisfying the requirements of chapter 17.232 pertaining to special exceptions:

1.

The additional ten-foot setback required for each story above three is provided in any combination to provide distance and separation from lower profile residential development.

2.

Open space is increased to forty (40) percent of the net project area.

3.

Arrangement of buildings on the site can be designed to minimize the effect of shadows, interference with light and air and intrusion on privacy of adjoining residential yards.

4.

Additional landscaping and screening is provided around parking areas, where the board deems necessary, and adjoining residential development.

B.

In determining whether an increase in height or density should be approved, the board shall consider such factors as:

1.

The topography of the site and whether it can be used to soften the impact of any increased building height in relation to the surrounding area;

2.

Existing and proposed streets and traffic patterns relative to the amount of traffic to be generated by the increased density and whether it can easily be accommodated without being detrimental to surrounding residential area;

3.

Whether the site is further separated from residential areas by streets or nonresidential uses or the site adjoins or is immediately across the street from a public pond, lake or park;

4.

Provision of recreational facilities in relation to maximum density of people to be served;

5.

How the criteria have been used in designing the site to achieve maximum results in integration of greater building height and density without harsh contrast in relation to surrounding development.

C.

After consideration of the criteria and factors for review, the board shall approve such increase in building height and density as it considers will have the least impact on and be the least detrimental to the surrounding area.

(Prior code § 150-213)

(Ord. No. 2769, § 1, 2-13-2023)

A.

Setbacks.

1.

An apartment building or its accessory structure(s) shall be set back not less than:

a.

The front or corner setback required for the district in which it is located or not less than thirty (30) feet from the right-of-way line or curbline of any street, whichever is greater;

b.

An additional setback of ten feet shall be provided for each story above three.

2.

No apartment building shall be located less than thirty (30) feet from any side or rear property line. An additional setback of ten feet shall be provided for each story above three.

3.

No accessory building shall be located less than twenty-five (25) feet from any apartment building nor less than twenty-five (25) feet from any side or rear property line.

4.

The minimum space between buildings shall be thirty (30) feet.

B.

Building Setback Distance from Accessways.

1.

No ground level entrance to any apartment unit or building shall be located farther than eighty (80) feet from a parking lot.

2.

No part of any apartment building shall be farther than five hundred (500) feet from a fire hydrant.

C.

Lot Coverage and Area Computation.

1.

Apartment buildings, including accessory buildings within the project, shall not cover more than twenty-five (25) percent of the land area.

2.

Land area used to compute density shall not include public streets needed to serve the project.

D.

Open Space.

1.

Not less than twenty-five (25) percent of the net project area shall be provided in open space suitable for leisure time activities; this shall include areas designated or used for swimming pools or tennis courts.

2.

Developed open space shall include tot lots and may include tennis courts, basketball courts and picnic areas or other facilities approved by the planning commission.

3.

Open space and recreational facilities may be reviewed by the department of recreation and parks with a recommendation forwarded to the planning commission as to its appropriateness and adequacy in meeting the needs of the proposed residents. Consideration shall be given to the type of development proposed, i.e., family occupancy or elderly housing.

E.

Parking.

1.

Spaces Required.

a.

Except as otherwise provided herein, a minimum of one and one-half off-street parking spaces per dwelling unit, plus twenty (20) percent of the total for guest parking shall be provided, except for apartment buildings for the housing of the elderly and handicapped.

b.

For apartment projects and attached dwelling units, except a townhouse or duplex dwelling, constructed after November __, 2002, a minimum of two off-street parking spaces for efficiency, one bedroom and two bedroom dwelling units, and three off-street parking spaces for each dwelling unit containing three or more bedrooms, plus twenty (20) percent of the total for guest parking shall be provided.

c.

In the central business and riverfront redevelopment multiuse district Nos. 1 and 2, one off-street parking space for each efficiency, one and one-half spaces for each one-bedroom unit, one and three-fourths spaces for each two-bedroom unit, two off-street parking spaces for each three-bedroom unit, and one-fourth additional spaces for each bedroom above three, plus ten percent of the total for guest parking shall be provided.

d.

Off-street parking for apartment buildings for the elderly and handicapped shall be provided at the rate of one space for each dwelling unit.

2.

Parking Lot Restrictions.

a.

Required parking will be located in parking areas convenient to the unit or facility served.

b.

In all parking areas, no more than ten continuous parking spaces may be located without a landscape divider at least nine feet in width separating groups of ten spaces, provided that for ten or more spaces but less than an even number, the nine-foot divider may be centered as evenly as possible.

c.

Parking in common parking areas shall not exceed fifty (50) vehicles per parking area, provided that all connected parking areas shall be separated by a landscaped area of at least eighteen (18) feet in width.

d.

In so far as possible, parking should be arranged so as not to create a nuisance for adjoining property.

F.

Landscaping. All areas not utilized for building, off-street parking or loading and unloading areas shall be landscaped and maintained. A screening area of ten feet in width shall be provided along all adjoining property lines in accordance with chapter 17.220; except that the planning commission may approve landscaped areas where the property line adjoins another apartment or townhouse development.

G.

Off-street Loading and Unloading. Where applicable, there shall be off-street loading and unloading areas provided. These areas shall be screened through landscaping or permanent construction from adjoining areas in accordance with chapter 17.220.

H.

Refuse Disposal. Refuse disposal areas shall be provided for in accordance with the requirements of the director of infrastructure and development, shall be shown on the final plan and screened in accordance with chapter 17.220.

I.

Lighting. Lighting of external walkways and parking lots shall be provided. Such lighting shall be designed so as not to throw glare onto surrounding properties.

(Ord. 1936 (part), 2005; Ord. 1864, 2002; prior code § 150-214)

(Ord. No. 2459, 10-9-2017)

With a view toward achieving a maximum of safety, convenience and amenity for surrounding area residents and residents within the development, the planning commission, in its review and approval of any plan requiring either landscaping, screening or both, shall consider the location of buildings, parking areas and other features with respect to the topography of the site and its natural features such as large trees, slopes, streams, etc.; the efficiency, adequacy and safety of the proposed layout of internal streets, parking lots and driveways and the adequacy and location of open space and recreational facilities.

(Prior code § 150-215)

A.

Density for apartments housing the elderly and handicapped is based on density of population for the district in which they are located. Conversion of an approved apartment project for housing of the elderly and handicapped to housing of the nonelderly and nonhandicapped shall require review and approval by the planning commission. The applicant shall comply with the parking and density standards for nonelderly and nonhandicapped apartments for the district in which they are located.

B.

The commission shall review a request for conversion with consideration of increase in population with respect to the density of population for the district in which it is situated, increased requirements for parking, increase in traffic, proximity of neighborhood playground or park, and utilities.

(Prior code § 150-216)